The International Data Transfer Addendum is essential for organizations transferring personal data outside of Malaysia, as required under the Personal Data Protection Act 2010 (PDPA). This document becomes necessary whenever a business needs to transfer personal data to countries that may have different data protection standards. It supplements existing commercial agreements by specifying data protection obligations, security measures, and compliance requirements for both data exporters and importers. The addendum ensures that personal data transferred internationally maintains the protection level required by Malaysian law, addressing key aspects such as data subject rights, breach notifications, and audit requirements. It's particularly crucial given Malaysia's increasing role in global commerce and the need to maintain data protection standards across jurisdictions.
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1. Parties: Identification of the data exporter and data importer, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the data transfer relationship and reference to the main agreement this addendum supplements
3. Definitions: Key terms used in the addendum, aligned with PDPA definitions and international data protection terminology
4. Scope and Purpose of Transfer: Detailed description of the categories of personal data being transferred and the specific purposes for which it will be processed
5. Data Protection Obligations: Core obligations of both parties regarding data protection, including security measures, confidentiality, and compliance with Malaysian PDPA
6. Transfer Mechanisms: Specific mechanisms and safeguards implemented to ensure compliant cross-border data transfers
7. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights are protected
8. Security Measures: Detailed technical and organizational security measures required for data protection
9. Breach Notification: Procedures and timeframes for reporting and handling personal data breaches
10. Audit Rights: Rights and procedures for conducting audits to ensure compliance
11. Term and Termination: Duration of the addendum and circumstances under which it can be terminated
12. Return or Destruction of Data: Obligations regarding the handling of personal data upon termination
13. Governing Law and Jurisdiction: Confirmation of Malaysian law as governing law and jurisdiction for disputes
1. Sub-processor Provisions: Required when the data importer intends to engage sub-processors for data processing activities
2. Industry-Specific Compliance: Additional provisions for specific regulated industries (e.g., financial services, healthcare)
3. Data Localization Requirements: Specific provisions for data that must be stored or processed within certain jurisdictions
4. Business Continuity: Additional provisions regarding business continuity and disaster recovery requirements
5. Insurance Requirements: Specific insurance obligations related to data protection and cyber risks
6. Cross-Border Transfer Impact Assessment: Documentation of transfer impact assessment when required by specific circumstances or regulatory requirements
1. Schedule 1 - Categories of Data Subjects: Detailed list of categories of individuals whose personal data will be transferred
2. Schedule 2 - Types of Personal Data: Comprehensive list of personal data categories and data elements being transferred
3. Schedule 3 - Processing Activities: Detailed description of all processing activities to be performed on the transferred data
4. Schedule 4 - Technical Security Measures: Specific technical security requirements and standards to be implemented
5. Schedule 5 - Organizational Security Measures: Specific organizational security measures and policies to be maintained
6. Schedule 6 - Authorized Sub-processors: List of approved sub-processors and their processing activities, if applicable
7. Appendix A - Contact Points: List of key contacts for data protection matters, breach notification, and operational issues
8. Appendix B - Transfer Impact Assessment: Documentation of the transfer impact assessment and risk mitigation measures
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